Overview

Last year 990 ‘dangerous’ Chinese products were identified within the European market and, with recent safety fears over cars, ‘toxic’ leather sofas, baby milk and ongoing issues with Chinese-imported toys, it sometimes feels as though the regulators are fighting a losing battle.

While some major changes to legislation and a number of high profile cases offer reassurance, and although China has ramped up its own regulatory framework in recent years, the legal landscape remains patchy, relying on a combination of product specific articles within the scope of the criminal law and a civil liability regime, enforcement of which – by design – remains dependent on the will of the consumer.

This briefing from Beachcroft breaks down where the legislation works and where it fails to, and argues that greater public awareness of product safety issues within China, coupled with a growing domestic consumer market, has increased the pressure on Chinese authorities for change.